Please, HELP ME, URGENT Thread poster: AigleBlanc Bysbert
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AigleBlanc Bysbert
Canada
Local time: 15:59
Member (2018)
English to French
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SITE LOCALIZER
Hi, I am really desperate and I hope somebody will help me find my way out. Last January, I signed a translation contract with a subcontractor (did not know he was one) and the payment term was 45 days. Each week I work around 500 usd, you can then imagine how much I am supposed to earn per month. He first sent me 400 usd, then 300 and later on 260 usd which is not up to 1/10 of the total amount. I realised he is a subcontractor and he told me the client said he should be patient with the rest, ... See more Hi, I am really desperate and I hope somebody will help me find my way out. Last January, I signed a translation contract with a subcontractor (did not know he was one) and the payment term was 45 days. Each week I work around 500 usd, you can then imagine how much I am supposed to earn per month. He first sent me 400 usd, then 300 and later on 260 usd which is not up to 1/10 of the total amount. I realised he is a subcontractor and he told me the client said he should be patient with the rest, yet kept on sending jobs. Presently, he owes me around 10 000 usd. I am afraid he would never pay this amount. Should I stop taking jobs ? How to handle this and get back my money? ▲ Collapse
| | | | Michele Lemieux-Madison (X) 
United States
Local time: 15:59
English to French
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| Stop working for him! | Aug 23, 2018 |
Hi Bysbee,
I'm sorry to hear that you're having a hard time getting paid. Unfortunately, it happens too often. I'm sure you have learned your lesson and no longer take jobs unless you have verified them at least here on the Blue Board!
This happened to me when I was first starting out. I took a scientific book translation at a very low rate, and the agency started out paying late, but at least paying something. I invoiced after each chapter, but they wanted the next chapter be... See more Hi Bysbee,
I'm sorry to hear that you're having a hard time getting paid. Unfortunately, it happens too often. I'm sure you have learned your lesson and no longer take jobs unless you have verified them at least here on the Blue Board!
This happened to me when I was first starting out. I took a scientific book translation at a very low rate, and the agency started out paying late, but at least paying something. I invoiced after each chapter, but they wanted the next chapter before they paid, of course. It became so bad that I stopped working for them completely until they paid. They were angry because their client was waiting for the next chapters. After a few months of this back and forth, I finally contacted one of the writers of the book, who sent me to their publisher. I wound up finishing the book directly with the publisher. I don't recommend this course of action because it is unethical, but desperate times, and all that.
I would certainly stop doing any type of work for them until you get all that is due. And even after they have paid you, I would not do any more work for them. If they are on the Blue Board, even subcontractors can be on there, I would add my experience with them. If they are in the same country as you, you may have some recourse. If they are a member of Proz, you can rate them.
I'm sure others will have much better advice for you, but that is my 2 cents.
Good luck!
Michèle ▲ Collapse
| | | | Heinrich Pesch
Finland
Local time: 22:59
Member (2003)
Finnish to German
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| Probably you have to write it off | Aug 23, 2018 |
Stop working for the guy right away and send your final invoice. Sorry to hear about your case, but things like this happen to almost each of us once in a while. Never work too long without pay.
Don't forget to put a note on BB.
| | | | AigleBlanc Bysbert
Canada
Local time: 15:59
Member (2018)
English to French
+ ...
TOPIC STARTER SITE LOCALIZER | Just to know in case ... | Aug 23, 2018 |
Thank you all for your reply, I just wish to know if you think I should ask for the contact of the outsourcer, I wonder whether he'll give. God Heavens !!!
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Sheila Wilson
Spain
Local time: 20:59
Member (2007)
English
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| Stop work NOW! | Aug 23, 2018 |
Bysbert wrote:
Presently, he owes me around 10 000 usd. I am afraid he would never pay this amount. Should I stop taking jobs ?
That's an absolutely crazy amount of credit. I'd only let my very best clients have that much credit, and only once they've built up a solid payment record. Of course you should stop taking work from this client. You're simply working for free at the moment!
I realised he is a subcontractor and he told me the client said he should be patient with the rest, yet kept on sending jobs.
The fact that he's an intermediary rather than the end-client doesn't really matter to you - or it shouldn't. You say you have a contract with him and:
the payment term was 45 days.
In that case, each and every payment is due in full due 45 days after the invoice date. No ifs and buts, and totally independent of the end client paying his own invoices.
How to handle this and get back my money?
That depends on many things, but primarily on where you're both located and whether your client is actually in real trouble or just stalling you because he'd prefer not to pay just yet. If he really is in financial trouble then you need to act fast, and that's best done by a debt recovery company who operate locally to your client. Of course, they'll need to be paid but most will take a set percentage of what they collect, i.e. zero if they fail. You can often check a company's financial status online. See if his country's records are here: https://en.wikipedia.org/wiki/List_of_company_registers . If you have more time then you may be able to recover all your money via the courts, although that amount may well be too high for the small claims court.
But whatever else you do, start off with these steps:
- Refuse further work, being quite clear about expecting ALL outstanding invoices to be paid before you do any more work. Briefly dismiss any objections about his client not having paid - they're irrelevant.
- Send a final demand for all overdue payments by registered post with proof of receipt (Google for sample wordings). If he doesn't pay within the specified time, that registers the fact that he has defaulted on payment and it gives you a legal footing.
- Warn the rest of us by posting a negative Blue Board entry here. It doesn't matter if there isn't a record of them here as you can create one.
| | | | | Outsourcer's contract | Aug 23, 2018 |
Bysbert wrote:
Thank you all for your reply, I just wish to know if you think I should ask for the contact of the outsourcer, I wonder whether he'll give. God Heavens !!!
You have a contract with the outsourcer: he is your client.
The outsourcer has a contract with someone else, the end client.
The outsourcer is an intermediary, a "middle-man", with a contractual relationship with you and with the end-client.
There is no reason to ask for the contract between the outsourcer and the end-client. It would be of no help, it is also a private matter between the outsourcer and the end-client. In short, it is none of your business and is of strictly no use.
Two suggestions:
- stop working for this person right now
- take action for recovery (the basics are set out by Sheila).
Good luck with recovering the money owed. In the future, at the earliest sign of payment being late, send a polite reminder. 10,000 USD is a huge amount of money to have outstanding. Your client has been taking advantage of you and there is a strong chance that you will not get much of the money you are owed.
[Edited at 2018-08-23 15:55 GMT]
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